Appellate Adventures in Virtual Reality: A Conversation with Justices Haller and Irion
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
By Richard D. Hendlin
This Ethics in Brief article arises from a recent inquiry I received through the SDCBA Legal Ethics Hotline (phone: 619.231.0781×4145) involving an attorney who posed the hypothetical question of whether an attorney who represents a minor with a guardian ad litem [GAL] could ethically petition the superior court to remove the GAL who the attorney believes is not following the attorney’s advice and not acting in the minor’s best interests?
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
No trial attorney is perfect. Even the most prepared and experienced trial attorneys should expect their adversaries to attack not just their clients’ actions and inactions, but also claimed missteps by the trial attorneys themselves. This is especially evident in appeals, where parties regularly argue that issues have been waived or forfeited; that deadlines have bene missed; or decry alleged attorney misconduct in the trial court below.
The SDCBA’s fee arbitration program offers parties an opportunity to resolve fee disputes as an alternative to taking disputes to superior court. The fee arbitration is an informal, confidential, impartial, and lower-cost avenue for resolving fee disputes between attorneys and clients. Clients are able to have a neutral arbitrator hear fee disputes with their attorneys. The arbitrator determines whether fees and costs charged by the attorney are reasonable for the services provided. California Business Code section 6200 et seq. establishes a system and procedure for the arbitration of disputes concerning costs and fees charged for attorney professional services.
If cats were discovered to be Communists, would they be cancelled on the Internet?
The SDCBA Labor and Employment Law Section hosted a timely seminar last month on Navigating a Safe Return to in-person work in light of the global pandemic. The webinar featured attorneys Arcelia N. Magaña and Sandy McDonough, who presented and shared insights on recent changes to the law and related trends. If you missed it, have no fear. Below are some main takeaways from the event.
When I graduated law school in 2013, I already knew that one day I wanted to open my own law firm. However, I first wanted to learn how to practice law in the courtroom and become a trial attorney, mostly because everything else was too boring for me. I enjoyed the adrenaline of trial work and the chaotic environment that litigation brings with it; researching and writing, although very important, was not what I wanted to do all day. I therefore started my career at the San Diego County Public Defender’s Office because I knew I would get my own caseload right from the get-go and be able to try cases.
It is often said that learning the law is kind of like learning a new language. This was no problem for civil litigator Aaron Sibley, who by 15 years old had already learned several computer programming languages and started his own website development company. Through his business, called Imminent Design, Sibley offered website creation services. In addition to designing websites, Sibley as a young entrepreneur also had to handle all of the managerial aspects of his business from accounting and staffing to banking, taxes, and licensures.
After 34 years of serving as a justice for the Fourth District Court of Appeal, Division One, Justice Patricia Benke retired July 31. Rather than referring to her next move as “retirement,” Justice Benke describes her next step as “resetting.” Justice Benke plans to participate in the Temporary Assigned Judges Program (TAJP) of the Judicial Council of California following her reset from the bench. She explains the program is designed to assign retired judges or justices to assist with the calendar congestions in the courts.